In the realm of family law, few situations are as legally clear-cut yet emotionally devastating as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
Many individuals prefer an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a fundamental ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the allocation of property and the support of children.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
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Status of Children: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires careful preparation and legal documentation.
Gathering Evidence: bigamy ground for annulment You must find a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Filing the Petition: This document details the claim of bigamy and requests the bigamy ground for annulment court to void the union.
The Hearing: A judge will review the evidence. If the bigamy is verified, the judge will issue a final judgment.
Criminal Implications bigamy ground for annulment of Bigamy
While family courts manage the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution bigamy ground for annulment is uncommon unless there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status and move forward with certainty. bigamy ground for annulment Consulting with a experienced family law attorney is the best way to ensure your rights are upheld during this complex time.